Hutchinson v. Houle et al

Filing 33

MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 06/25/2012. Defendant's Motion to Dismiss 19 is DENIED WITHOUT PREJUDICE AS MOOT. ORDERED: Defendant shall file an Answer or other response to the Amended Complaint on or before July 2, 2012.(wjmcd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 11-cv-03108-WJM-MEH JOHN HUTCHINSON, Plaintiff, v. SGT. HOULE, at Buena Vista Minimum Center, Defendant. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on June 25, 2012. Before the Court is Defendant’s Motion to Dismiss [filed April 17, 2012; docket #19]. On June 13, 2012, in accordance with this Court’s June 12, 2012 order (docket #30), the Plaintiff filed an Amended Complaint. Because the amended pleading supercedes the Plaintiff’s original Complaint, the Defendant’s motion is denied without prejudice as moot. See Franklin v. Kansas Dep’t of Corr., 160 F. App’x 730, 734 (10th Cir. 2005) (“An amended complaint supersedes the original complaint and renders the original complaint of no legal effect.”) (citing Miller v. Glanz, 948 F. 2d 1562, 1565 (10th Cir. 1991)). Defendant shall file an answer or other response to the Amended Complaint on or before July 2, 2012.

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